Staff Time Required
The Department estimates that it will take approximately 107 hours to develop this rule.
Corrections
Subject
Rule promulgation and amendment of chs. DOC 303, 309, and 316 to establish policies, procedures, and standards for probation and parole holding facilities under s. 311.16 (1q), Stats. These holding facilities are classified as prisons and will generally operate under the same administrative code provisions as other Department of Corrections institutions. However, in many respects these facilities are more similar to jails than prisons and these rule amendments will reflect that reality.
Objectives of the Rule. The objective of these rule amendments is to establish procedures for administration, maintenance, and supervision for the holding facilities to provide a safe and secure environment. The rule will delineate the responsibilities of both the Department and inmate. These rules are intended to provide humane and respectful treatment of inmates, while assuring both staff and inmates are safe while in these institutions. In addition, the objective of the rule is to establish policies and procedures, which provide levels of control consistent with the length of stay and environment presented within a holding facility.
Statutory authority
General corrections authority, State prisons named and defined, and Construction and establishment of certain institutions, ss. 301.03, 302.01, and 301.16 (1q).
Staff Time Required
The Department estimates that it will take approximately 150 hours to develop the rule and amendments for the probation and parole holding facilities, including workgroup meetings, drafting, cost estimates, public hearings, and complying with rulemaking requirements.
Insurance
Subject
Objectives of the Rule. The proposed revision of ch. Ins 15 would consider changes in the financial requirements, the applicable statutes and other requirements for warranty plans issued in Wisconsin and warranty plan administrators.
Policy analysis
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives.
The current rule requires independent audits for the financial statement submitted by a warranty plan. This is difficult for entities that are part of a larger organization and requires a separate statement from the consolidated statement. In addition, the actual or alternative financial requirements will be reviewed. The entire rule will be reviewed to determine if other changes in the regulation would be appropriate such as subjecting these plans to additional insurance statutes that are currently not listed in the rule.
Statutory authority
Sections 600.01 (1) (b) 5., 601.04 (2), (3) and (4), and 600.03 (25) (a), Stats.
Staff Time Required
Estimate of the amount of time that state employees will spend to develop the rule and of other resources necessary to develop the rule is 100 hours.
Natural Resources
Subject
Objectives of the Rule. The creation of a new Administrative Code chapter on current fish passage issues.
Policy analysis
A Fish Passage Work Group continues to deliberate and is working toward the completion of a fish passage policy/guidance document. Issues that must be addressed include:
• factors to consider and the decision process on when to order fish passage,
•public rights that affect the placement of fishways in navigable waters that are dammed, and
•cost-share grant opportunities for fishway construction.
Groups that are likely to be impacted or interested include county and local governments, private dam owners, and environmental consultants.
Prior to the 1999 Budget Bill, s. 31.02 (4) (c) Wis. Stats. gave the state authority to “order or require any dam heretofore or hereafter constructed to be equipped and operated with good and sufficient fishways..." Recently s. 31.02 (4) (g) was created to read “the department may not impose the requirement under sub. (4) (c) on an owner of a dam unless all of the following apply: 1) rules promulgated under (4r) are in effect. Section 31.02 (4r) was created to read “the department shall promulgate rules specifying the rights held by the public in navigable waters that are dammed. The rules shall include provisions on the rights held by the public that affect the placement of fishways or fish ladders in navigable waters that are dammed and 2) the federal government or the state implements a program to provide cost-sharing grants to owners of dams for equipping dams with fishways or fish ladders and a grant is available to the dam owner under the program
At the same time, increased understanding of the impacts of dams on river fisheries and overall biodiversity, plus advances in technology for providing fish passage, led to a renewed interest in applying the passage requirement of s. 31.02 and the development of the policy guidance that we now seek to codify.
Statutory authority
Section 31.02 (4) (g).
Staff Time Required
244 hours.
Pharmacy Examining Board
Subject
Modification of the definition of “active practice" of pharmacy.
Policy analysis
Objectives of the Rule. A redefinition of the active practice of pharmacy is intended to define more precisely the prerequisite for when a person licensed in another state may be tested to demonstrate the equivalent minimum pharmacy practice skills required for licensure in this state.
Statutory authority
Sections. 15.08 (5) (b), 227.11 (2), 450.00 (3) (e), 450.03 (2), 450.04 (1) and 450.02 (2), Stats.
Staff Time Required
80 hours.
Regulation and Licensing
Subject
Amend rules relating to the employment and supervision of licensed employees by real estate broker-employers.
Policy analysis
Objectives of the Rule. Clarify issues relating to the supervision of employees.
Current rules contain provisions relating to the supervision of licensed employees, the supervision of principal offices, the supervision of branch offices, limitations on employees of a broker and other related matters.
Current provisions are in need of clarification or amendment to bring them into tune with changes in the industry and the technical resources available to real estate licensees for supervising their employees and otherwise doing business. In view of the current use of technology by real estate licensees, much supervision can be accomplished by the use of computers, fax and other communication devices. The rules would clarify what activities in a real estate office require supervision by a broker-employer and the level of supervision that is required. The rules would also clarify the responsibilities of the business representatives of a business entity to designate the activities for which specific business representatives are responsible. The rules may, possibly, amend the limitations placed on licensed employees of employer-brokers.
Statutory authority
Sections. 227.11 (2), 452.03, 452.04, 452.05, 452.07, 452.10, 452.12 and 452.14, Stats.
Staff Time Required
80 hours.
Submittal of rules to legislative council clearinghouse
Please check the Bulletin of Proceedings for further information on a particular rule.
Natural Resources
Rule Submittal Date
On March 13, 2001, the Department of Natural Resources submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule affects ss. NR 1.212 and 1.213, relating to private forestry priorities for assistance.
Contact Information
If you have questions, please contact:
Paul Pingrey
Bureau of Forestry
Public Instruction
Rule Submittal Date
On March 12, 2001, the Wisconsin Department of Public Instruction submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed rule amends s. PI 35.045, relating to building usage code under the Milwaukee Parental Choice Program.
Agency Procedure for Promulgation
Public hearings will be scheduled.
Contact Information
If you have any questions regarding this rule, please contact:
Tricia Collins
Milwaukee Parental School Choice Consultant
Telephone (608) 267-9248
Rule-making notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
(reprinted from 3/3/01 Wis. Adm. Register)
